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K-1 filing adjustment of status but never received Notice of Approval from VSC

K-1 filing adjustment of status but never received Notice of Approval from VSC

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Old Apr 22nd 2004, 6:28 pm
  #1  
News.Verizon.Net
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Default K-1 filing adjustment of status but never received Notice of Approval from VSC

My wife entered the U.S. on March 13th, 2004 with a K-1 fiancee visa and we
were married on April 17th, 2004. In order to adjust status we need the
original Notice of Approval for the I-129F petition from the Vermont Service
Center, which they never sent. I have written to the VSC requesting the
NOA2 be sent. My question is, how much time do we have to file the
adjustment of status and how do we proceed if we have not received the NOA2
back from the VSC before the adjustment of status filing deadline? I have
receieved conflicting statements regarding the period of validity of the K-1
visa from the National Visa hotline. One individual told me the 90 day
period applied only to the requirement of marrying and that there was no
deadline for filing the adjustment of status after we married, while another
said the 90 day period applied to both the marriage and the filing of the
adjustment of status. Thank You.
 
Old Apr 22nd 2004, 6:55 pm
  #2  
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Default Re: K-1 filing adjustment of status but never received Notice of Approval from VSC

So much for my theory of new consistant answers from the help line. Maybe my questions just got easier.

For my non receipt of NOA I was told that after 30 days my wife and not myself could call and do a non receipt. She (they all) informed me that they would not send another NOA...just provide me/her with the recipt number.

Call again.

Originally posted by News.Verizon.Net
My wife entered the U.S. on March 13th, 2004 with a K-1 fiancee visa and we
were married on April 17th, 2004. In order to adjust status we need the
original Notice of Approval for the I-129F petition from the Vermont Service
Center, which they never sent. I have written to the VSC requesting the
NOA2 be sent. My question is, how much time do we have to file the
adjustment of status and how do we proceed if we have not received the NOA2
back from the VSC before the adjustment of status filing deadline? I have
receieved conflicting statements regarding the period of validity of the K-1
visa from the National Visa hotline. One individual told me the 90 day
period applied only to the requirement of marrying and that there was no
deadline for filing the adjustment of status after we married, while another
said the 90 day period applied to both the marriage and the filing of the
adjustment of status. Thank You.
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Old Apr 22nd 2004, 10:49 pm
  #3  
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Default Re: K-1 filing adjustment of status but never received Notice of Approval from VSC

Originally posted by News.Verizon.Net
My wife entered the U.S. on March 13th, 2004 with a K-1 fiancee visa and we
were married on April 17th, 2004. In order to adjust status we need the
original Notice of Approval for the I-129F petition from the Vermont Service
Center, which they never sent. I have written to the VSC requesting the
NOA2 be sent. My question is, how much time do we have to file the
adjustment of status and how do we proceed if we have not received the NOA2
back from the VSC before the adjustment of status filing deadline? I have
receieved conflicting statements regarding the period of validity of the K-1
visa from the National Visa hotline. One individual told me the 90 day
period applied only to the requirement of marrying and that there was no
deadline for filing the adjustment of status after we married, while another
said the 90 day period applied to both the marriage and the filing of the
adjustment of status. Thank You.
I am in the same boat. Came over in December, never got NOA2 (neither online or on paper)from VSC. When my husband called the no-info line, they told him I would have to leave the country immediately... so much for that...

When I filed for AOS (walk-in, Boston... geee, I was lucky) I brought the approval letter from the NVC with me and explained that we never received an official NOA2 from Vermont. I don't know if I was lucky or not, the officer (who by the way was from Albania and *very* charming - we Europeans got to stick together after all...) took my documentation, scheduled an interview but made it clear that we should at least bring proof that we had filed for a duplicate document to our interview...

How did you approach VSC in your request for the document? We are not sure about which way to go for the documentation (though of course the most obvious, slowest and most expensive way would be filing a request for a duplicate of a notice we never ever got...).

Keeping my fingers crossed for you.

Rebecca.

Last edited by shadowboxer; Apr 22nd 2004 at 10:52 pm.
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Old Apr 23rd 2004, 10:12 pm
  #4  
Angel
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Default Re: K-1 filing adjustment of status but never received Notice of Approval from VSC

I am pretty certain that the 90 days applies both to the marriage and also
the filing of adjustment of status. Hope this helps!

"news.verizon.net" <[email protected]> wrote in message
news:[email protected]...
    > My wife entered the U.S. on March 13th, 2004 with a K-1 fiancee visa and
we
    > were married on April 17th, 2004. In order to adjust status we need the
    > original Notice of Approval for the I-129F petition from the Vermont
Service
    > Center, which they never sent. I have written to the VSC requesting the
    > NOA2 be sent. My question is, how much time do we have to file the
    > adjustment of status and how do we proceed if we have not received the
NOA2
    > back from the VSC before the adjustment of status filing deadline? I have
    > receieved conflicting statements regarding the period of validity of the
K-1
    > visa from the National Visa hotline. One individual told me the 90 day
    > period applied only to the requirement of marrying and that there was no
    > deadline for filing the adjustment of status after we married, while
another
    > said the 90 day period applied to both the marriage and the filing of the
    > adjustment of status. Thank You.
 
Old Apr 23rd 2004, 11:45 pm
  #5  
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Joined: Jan 2004
Posts: 216
Pauljarv is an unknown quantity at this point
Default Re: K-1 filing adjustment of status but never received Notice of Approval from VSC

Originally posted by Angel
I am pretty certain that the 90 days applies both to the marriage and also
the filing of adjustment of status. Hope this helps!

"news.verizon.net" <[email protected]> wrote in message
news:[email protected]...
    > My wife entered the U.S. on March 13th, 2004 with a K-1 fiancee visa and
we
    > were married on April 17th, 2004. In order to adjust status we need the
    > original Notice of Approval for the I-129F petition from the Vermont
Service
    > Center, which they never sent. I have written to the VSC requesting the
    > NOA2 be sent. My question is, how much time do we have to file the
    > adjustment of status and how do we proceed if we have not received the
NOA2
    > back from the VSC before the adjustment of status filing deadline? I have
    > receieved conflicting statements regarding the period of validity of the
K-1
    > visa from the National Visa hotline. One individual told me the 90 day
    > period applied only to the requirement of marrying and that there was no
    > deadline for filing the adjustment of status after we married, while
another
    > said the 90 day period applied to both the marriage and the filing of the
    > adjustment of status. Thank You.
It seems this has happened to a lot of people. We didn't have an NOA 2 either and I was told by a guy in the Boston office that he'd faxed Vermont to get them to send me a copy of the NOA2. I thought he was giving me a line to get me out of his face (I was asking him questions and he didn't seem keen on that course of action!)

Anyway I thought I could either wait for this phantom copy of the NOA2 to arrive then post my AOS forms or send them off and hope to get through with the online case status page saying my petition was approved or get an RFE. I ended up sending the forms off and got my receipt today. There doesn't seem to have been a problem with them (bearing in mind my EAD and AP were rejected for the most minute problems).

There is a form you can apply for which gets you a copy of the NOA2. It's an I-824 (I think? please check!) but will take a long while (over 6 months apparently) and will cost $195 after 30th April!
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